525.18 ESCAPE.

   (a)   No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to immediately return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when in intermittent confinement.

   (b)   Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility, in the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:

      (1)   The escape involved no substantial risk of harm to the person or property of another.

      (2)   The detaining authority know or should have known there was no legal basis or authority for the detention.

   (c)   Whoever violates this section is guilty of escape, a misdemeanor of the first degree.

(Ord. 22-2017. Passed 3-9-17.)